National Legislation on Labour and Social Rights
Global database on occupational safety and health legislation
Employment protection legislation database
Display in: French - Spanish
Repetition Articles 1(1), 2(1) and 25 of the Convention. 1. Trafficking in persons. The Committee noted the adoption of the Combating of Trafficking in Persons Act in 2005, as well as the Government’s indication that 300 volunteers had been trained to identify cases of trafficking. The Committee notes the Government’s statement, in its report, that a Ministerial Task Force on Trafficking in Persons, made up of sixteen agencies, has been established. It notes that a specialized unit to deal with trafficking in persons has also been established. According to the Government’s statistics, respectively 32 and ten persons were charged with trafficking in persons in 2016 and 2017, and two and three were convicted. The Government indicates that while there is a low conviction rate, the Task Force continues its work relentlessly. The Committee notes that, according to the Department of Public Information website, a National Plan of Action for the Prevention and Response to Trafficking in Persons for the period 2017–18, focusing on prevention, protection, prosecution and partnership, has been launched in January 2017. It further notes that the new Action Plan provides a victim-centred and rights-based approach in assisting, protecting and reintegrating trafficking victims into society. The Committee observes that, in its report to the Committee on the Elimination of Discrimination against Women of 2018, the Government indicates that it has undertaken awareness and training programmes, including guidelines for interviewing victims, training programmes for police forces and public awareness campaigns on trafficking in persons (CEDAW/C/GUY/9, paragraphs 51 and 52).The Committee encourages the Government to pursue its efforts to ensure that investigations and prosecutions are carried out against perpetrators of trafficking in persons. It requests the Government to continue providing information on the application in practice of the 2005 Combating of Trafficking in Persons Act, including the number of investigations, prosecutions, and penalties imposed. The Committee further requests the Government to provide information regarding the implementation of the National Plan of Action for the Prevention and Response to Trafficking in Persons 2017–18, indicating the results achieved in this regard.2. Vulnerable situation of migrant workers with regard to the exaction of forced labour. The Committee observes that the United Nations Committee on the Protection of the Rights of all Migrant Workers and Members of their Families (CMW), in its concluding observations of 2018, noted that, as a country of origin, destination and transit for migrant workers and despite the increasing number of migrants entering the State party, particularly from the Bolivarian Republic of Venezuela, a migration policy and strategy is lacking. The CMW expressed concern at reports of exploitation of migrant workers, including domestic servitude, forced child labour and commercial sexual exploitation, and at the lack of information on measures to combat such abuses (CMW/C/GUY/CO/1, paragraphs 12 and 32).The Committee therefore requests the Government to strengthen the measures to ensure that migrant workers, including migrant domestic workers, are fully protected from abusive practices and conditions that amount to forced labour and to provide information in the regard.
Repetition Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. The Committee has noted the adoption of the Combating of Trafficking in Persons Act, 2005, as well as the Government’s indication that 300 volunteers have been trained to identify cases of trafficking. The Committee would appreciate it if the Government would provide information on the following matters: – the activities of the task force to develop and implement a national plan for the prevention of trafficking in persons, to which reference is made in section 30 of the above Act, supplying copies of any relevant reports, studies and inquiries, as well as a copy of the National Plan; – statistical data on trafficking which is collected and published by the Ministry of Home Affairs in virtue of section 31 of the Act; – any legal proceedings which have been instituted as a consequence of the application of section 3(1) of the 2005 Act on penalties, supplying copies of the relevant court decisions and indicating the penalties imposed, as well as the information on measures taken to ensure that this provision is strictly enforced against perpetrators, as required by Article 25 of the Convention.
Repetition Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. The Committee has noted the adoption of the Combating of Trafficking in Persons Act, 2005, as well as the Government’s indication in the report that 300 volunteers have been trained to identify cases of trafficking. The Committee would appreciate it if the Government would provide information on the following matters: – the activities of the task force to develop and implement a national plan for the prevention of trafficking in persons, to which reference is made in section 30 of the above Act, supplying copies of any relevant reports, studies and inquiries, as well as a copy of the National Plan; – statistical data on trafficking which is collected and published by the Ministry of Home Affairs in virtue of section 31 of the Act; – any legal proceedings which have been instituted as a consequence of the application of section 3(1) of the 2005 Act on penalties, supplying copies of the relevant court decisions and indicating the penalties imposed, as well as the information on measures taken to ensure that this provision is strictly enforced against perpetrators, as required by Article 25 of the Convention.
Repetition Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. The Committee has noted the adoption of the Combating of Trafficking in Persons Act, 2005, as well as the Government’s indication in the report that 300 volunteers have been trained to identify cases of trafficking. The Committee would appreciate it if the Government would provide information on the following matters:– the activities of the task force to develop and implement a national plan for the prevention of trafficking in persons, to which reference is made in section 30 of the above Act, supplying copies of any relevant reports, studies and inquiries, as well as a copy of the National Plan;– statistical data on trafficking which is collected and published by the Ministry of Home Affairs in virtue of section 31 of the Act;– any legal proceedings which have been instituted as a consequence of the application of section 3(1) of the 2005 Act on penalties, supplying copies of the relevant court decisions and indicating the penalties imposed, as well as the information on measures taken to ensure that this provision is strictly enforced against perpetrators, as required by Article 25 of the Convention.
Repetition Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. In its earlier comments, the Committee referred to observations received from the International Trade Union Confederation (ITUC), which contained allegations that there was evidence of trafficking for forced prostitution and for child prostitution in cities and remote gold mining areas.The Committee has noted the adoption of the Combating of Trafficking in Persons Act, 2005, as well as the Government’s indication in the report that 300 volunteers have been trained to identify cases of trafficking. The Committee would appreciate it if the Government would provide information on the following matters:– the activities of the task force to develop and implement a national plan for the prevention of trafficking in persons, to which reference is made in section 30 of the above Act, supplying copies of any relevant reports, studies and inquiries, as well as a copy of the National Plan;– statistical data on trafficking which is collected and published by the Ministry of Home Affairs in virtue of section 31 of the Act;– any legal proceedings which have been instituted as a consequence of the application of section 3(1) of the 2005 Act on penalties, supplying copies of the relevant court decisions and indicating the penalties imposed, as well as the information on measures taken to ensure that this provision is strictly enforced against perpetrators, as required by Article 25 of the Convention.
Repetition Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. In its earlier comments, the Committee referred to observations received from the International Trade Union Confederation (ITUC), which contained allegations that there was evidence of trafficking for forced prostitution and for child prostitution in cities and remote gold mining areas.The Committee has noted the adoption of the Combating of Trafficking in Persons Act, 2005, as well as the Government’s indication in the report that 300 volunteers have been trained to identify cases of trafficking. The Committee would appreciate it if the Government would provide information on the following matters:–the activities of the task force to develop and implement a national plan for the prevention of trafficking in persons, to which reference is made in section 30 of the above Act, supplying copies of any relevant reports, studies and inquiries, as well as a copy of the National Plan;– statistical data on trafficking which is collected and published by the Ministry of Home Affairs in virtue of section 31 of the Act;– any legal proceedings which have been instituted as a consequence of the application of section 3(1) of the 2005 Act on penalties, supplying copies of the relevant court decisions and indicating the penalties imposed, as well as the information on measures taken to ensure that this provision is strictly enforced against perpetrators, as required by Article 25 of the Convention.
The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:
Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. In its earlier comments, the Committee referred to observations received from the International Trade Union Confederation (ITUC), which contained allegations that there was evidence of trafficking for forced prostitution and for child prostitution in cities and remote gold mining areas.
The Committee notes the adoption of the Combating of Trafficking in Persons Act, 2005, as well as the Government’s indication in the report that 300 volunteers have been trained to identify cases of trafficking. The Committee would appreciate it if the Government would provide information on the following matters:
– the activities of the task force to develop and implement a national plan for the prevention of trafficking in persons, to which reference is made in section 30 of the above Act, supplying copies of any relevant reports, studies and inquiries, as well as a copy of the National Plan;
– statistical data on trafficking which is collected and published by the Ministry of Home Affairs in virtue of section 31 of the Act;
– any legal proceedings which have been instituted as a consequence of the application of section 3(1) of the 2005 Act on penalties, supplying copies of the relevant court decisions and indicating the penalties imposed, as well as the information on measures taken to ensure that this provision is strictly enforced against perpetrators, as required by Article 25 of the Convention.
The Committee hopes that the Government will make every effort to take the necessary action in the near future.
Articles 1 (paragraph 1), 2 (paragraph 1), and 25 of the Convention. Trafficking in persons. In its earlier comments, the Committee referred to observations concerning the application of the Convention by Guyana received from the International Confederation of Free Trade Unions (ICFTU, now ITUC – International Trade Union Confederation) in 2003 and forwarded to the Government on 13 January 2004, which contained allegations that there was evidence of trafficking for forced prostitution and reports of child prostitution in cities and remote gold mining areas.
The Committee hopes that the Government will make every effort to take the necessary action in the very near future.
The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:
Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. In its earlier comments, the Committee referred to observations concerning the application of the Convention by Guyana received from the International Confederation of Free Trade Unions (ICFTU, now ITUC – International Trade Union Confederation) in 2003 and forwarded to the Government on 13 January 2004, which contained allegations that there was evidence of trafficking for forced prostitution and reports of child prostitution in cities and remote gold mining areas.
The Committee notes with interest the adoption of the Combating of Trafficking in Persons Act, 2005, as well as the Government’s indication in the report that 300 volunteers have been trained to identify cases of trafficking. The Committee would appreciate it if the Government would provide information on the following matters:
The Committee notes that no report has been received from the Government. It must therefore repeat its previous observation on the following matters:
The Committee has noted a communication dated 29 October 2003 received from the International Confederation of Free Trade Unions (ICFTU), which contains observations concerning the application of the Convention by Guyana. The ICFTU alleges, in particular, that there is evidence of forced prostitution and reports of child prostitution in cities and remote gold-mining areas. The Committee notes that this communication was sent to the Government on 13 January 2004 for any comments it might wish to make on the matters raised therein. The Committee observes that no such comments have been received from the Government so far and hopes that the Government will communicate its comments with its next report, so as to enable the Committee to examine them at its next session.
The Committee has noted a communication dated 29 October 2003 received from the International Confederation of Free Trade Unions (ICFTU), which contains observations concerning the application of the Convention by Guyana. The ICFTU alleges, in particular, that there is evidence of forced prostitution and reports of child prostitution in cities and remote gold mining areas. The Committee notes that this communication was sent to the Government on 13 January 2004 for any comments it might wish to make on the matters raised therein. The Committee observes that no such comments have been received from the Government so far and hopes that the Government will communicate its comments with its next report, so as to enable the Committee to examine them at its next session.
[The Government is asked to report in detail in 2005.]
The Committee has noted the information and documentation supplied by the Government in answer to its previous direct request.
It hopes that in its next report, the Government will also supply copies of the statutory instruments governing (a) the Guyana National Service, (b) service in the armed forces, in particular with regard to the terms of resignation from the forces, as requested for some time.
The Committee notes with regret that no report has been received from the Government. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:
1. The Committee has previously referred to information provided by the Government according to which the Guyana National Service is a uniformed, paramilitary organization whose aims and objectives are among others to increase national production, develop the hinterland, produce new values, attitudes and discipline so as to create the New Guyana Man, provide the vanguard to the socialist revolution, defend the nation. It includes the Pioneer Corps, the Young Brigade and National Corps, the New Opportunity Corps and the Special Service Corps. The Government indicated that participation or service in the Guyana National Service was voluntary and that disciplinary procedures similar to those of a paramilitary organization were applicable. The Government provided a copy of the National Service Act, 1942 (Chapter 15:02), under which service is obligatory, in indicating that it had been adopted in 1942 to meet an emergency situation during the war and did not govern the existing national service.
The Committee noted the Government's information in its report for the period ending June 1992 that it is still not in a position to provide the texts establishing and governing the Guyana National Service. The Committee recalls that it has been requesting the Government for a considerable number of years to provide a copy of the provisions governing the national service as in existence. It expresses the firm hope that the Government will provide the texts in question with its next report.
2. Since a number of years the Committee has also been requesting the Government to supply copies of laws and regulations governing the service in the armed forces for commissioned and non-commissioned ranks, in particular with regard to the length of contractual periods which are required upon completion of training and on terms of resignation from the force. The Government indicated previously that career personnel of the armed forces are contracted for periods of three years and that additional periods may be required in relation to the cost and length of the training received. The Committee again requests the Government to provide copies of the provisions governing the terms of service of these personnel.
3. The Committee has previously noted the Government's information that judges and magistrates like any officers in the public service are free to leave the service by giving the required notice. The Committee, recalling that it has been asking the Government for a number of years to send a copy of the provisions governing conditions of service in the public service, again expresses the hope that the Government will send the required texts with its next report.
4. The Committee took note of the model contractual arrangement (county of Demarara) between the Government and a student to whom a scholarship is granted, which the Government has sent with its report. The Committee noted that the student agrees inter alia to report to the Public Service Ministry during the long vacation period, if so requested, and to carry out such tasks as may be assigned to him (clause 6v); to accept employment with the Government for a continuous period at such remuneration as the Government may determine (clause 6vii); to refund to the Government, in case of breach, the scholarship, other incidental expenses with a charge of 12 per cent. The Committee would appreciate receiving information on the ratio existing between the number of years of training received at the Government's expense and the length of continuous period of service normally required. It also asks the Government to provide information on the kind of tasks required from students during their holidays.
5. The Committee noted that under section 24 of the Education Act (Chapter 39:01) every child attending an industrial school may be employed in the vicinity of the school during prescribed hours in agricultural pursuits of any plantation or land or in a workshop. The Committee noted previously the Government's indication that agriculture forms part of the school curriculum as a practical subject. The Committee again requests the Government to provide a copy of the documents relating to the school curricula of these schools for the current year.
The Committee notes the Government's information in its report that it is still not in a position to provide the texts establishing and governing the Guyana National Service. The Committee recalls that it has been requesting the Government for a considerable number of years to provide a copy of the provisions governing the national service as in existence. It expresses the firm hope that the Government will provide the texts in question with its next report.
3. The Committee has previously noted the Government's information that judges and magistrates like any officers in the public service are free to leave the service by giving the required notice. The Committee, recalling that it has been asking the Government for a number of years to send a copy of the provisions governing conditions of service in the public service, expresses the hope that the Government will send the required texts with its next report.
4. The Committee has taken note of the model contractual arrangement (county of Demarara) between the Government and a student to whom a scholarship is granted, which the Government has sent with its report. The Committee notes that the student agrees inter alia to report to the Public Service Ministry during the long vacation period, if so requested, and to carry out such tasks as may be assigned to him (clause 6v); to accept employment with the Government for a continuous period at such remuneration as the Government may determine (clause 6vii); to refund to the Government, in case of breach, the scholarship, other incidental expenses with a charge of 12 per cent. The Committee would appreciate receiving information on the ratio existing between the number of years of training received at the Government's expense and the length of continuous period of service normally required. It also asks the Government to provide information on the kind of tasks required from students during their holidays.
5. The Committee noted that under section 24 of the Education Act (Chapter 39:01) every child attending an industrial school may be employed in the vicinity of the school during prescribed hours in agricultural pursuits of any plantation or land or in a workshop. The Committee noted previously the Government's indication that agriculture forms part of the school curriculum as a practical subject. The Committee requests the Government to provide a copy of the documents relating to the school curricula of these schools for the current year.
6. The Committee has noted the extract of the "Government of Guyana Award" sent by the Government.
The Committee has noted the texts governing the Board of Industrial Training sent by the Government.
The Committee notes that the Government's report contains no answer to its previous comments. The Committee hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:
1. The Committee previously requested the Government to supply copies of laws and regulations governing the service in the armed forces for commissioned and non-commissioned ranks, in particular with regard to the length of contractual periods, of any additional contractual periods which are required upon the completion of training and on terms of resignation from the force as well as copies of corresponding provisions applying to terms of service in the public services. The Committee had referred to information supplied by the Government in its report covering the period ending 30 June 1981 that career personnel of the armed forces are contracted in three-year bands, that additional contract periods are required depending on the cost and length of any training received, and that judges and magistrates like any officers in the public service are free to leave the service when desired on giving the required notice. The Committee requested the Government to provide copies of relevant laws and regulations on which the indications made by the Government in its earlier reports were based.
The Committee notes the information provided by the Government in its latest report received in June 1988 that copies of the relevant laws and regulations mentioned in its 1981 report are currently in print and will be submitted as soon as possible. The Committee hopes that the Government will provide a copy of these laws and regulations with its next report.
2. In its comments made in 1978 the Committee had noted the provisions of the National Service Act, 1942 (Chapter 15:02), communicated by the Government with its report; in 1980 it noted the Government's indication that this Act had been adopted in 1942 to meet emergency situations during the war and did not govern the national service in existence. In 1982 the Committee took note of the detailed information supplied by the Government on the Guyana National Service: the Government has indicated that this service is a uniformed paramilitary organisation whose aims and objectives are among others to increase national production, develop the hinterland, produce new values, attitudes and discipline so as to create the New Guyana Man, provide the vanguard to the socialist revolution, defend the nation. The Government also stated that the service includes the Pioneer Corps, the Young Brigade and National Corps, the New Opportunity Corps and the Special Service Corps. It further indicated that participation or service in the Guyana National Service was voluntary and that disciplinary procedures similar to those of a paramilitary organisation were applicable.
The Committee had requested the Government to provide the texts establishing and governing the Guyana National Service. In a further comment it also requested the Government to provide information on the nature and subject of the National Service involvement in certain commercial ventures to which the Government had referred.
The Committee notes the Government's statement in its report that these enterprises are state-owned; persons are required by virtue of their educational contractual arrangements with the State, which offers free education from nursery to university levels, or, voluntarily, to join the National Service; staff members and instructors are paid wages and salaries and pioneers are provided training in the technical and vocational fields; they are all maintained at the State's expense.
The Committee takes due note of these indications. Noting also that it has been requesting the texts of the provisions establishing the Guyana National Service for several years, the Committee expresses the hope that the Government will provide with its next report a copy of the provisions in question.
The Committee would also appreciate a copy of the provisions governing contractual arrangements between the State and beneficiaries of free education, in particular at university level.
3. The Committee has noted that under section 24 of the Education Act (Cap. 39:01) every child attending an industrial school may be employed in the vicinity of the school during prescribed hours in agricultural pursuits of any plantation or lands or in any workshop: provided that the full value of any labour performed by a child after deducting the cost of the instruction and of the food (if any) supplied at the cost of the school to the child shall be paid to the parent of the child or secured for it.
The Committee requests the Government to supply copies of any laws or regulations governing attendance of industrial schools and describing the nature of such schools.
The Committee notes the information provided by the Government in its report that industrial schools are mainly in the field of vocational and technical training and, apart from three of them being owned by industrial undertakings, the others - five in all - are managed by the Government; agriculture, except for the Guyana School of Agriculture, forms part of the school curriculum as a practical subject. The Committee also notes the Government's indication that legislation governing the Board of Industrial Training is currently being printed and will be submitted when made available.
The Committee hopes that the Government will provide a copy of this legislation as well as of the provisions organising these schools.